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HomeMy WebLinkAboutCouncil Minutes - 1997-12-15COUNCIL\1997-12-15 DECEMBER 15, 1997 COUNCIL MINUTES CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present. The meeting began with an instrumental version of "O Canada" and various Christmas selections played by the Grand River Collegiate Strings under the direction of Kirby Julian. Councillor Jake Smola thanked the orchestra and Mr. Julian. He also introduced the first Lexington Scout Group and their leaders who were in attendance this date. On motion by Councillor Jake Smola, the minutes of the regular meeting held on November 24, 1997, the Inaugural Meeting held on December 1, 1997 and a special meeting held on December 8, 1997, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS - N I L Mayor C. Zehr called upon Councillor T. Galloway to introduce the two delegations with respect to the proposal to create Heritage and Adaptive Re-Use Awards as outlined in clause #7 of the Planning and Economic Development Committee report of this date. Mr. Hans Pottkamper appeared on behalf of the City's Adaptive Re-Use Committee and referred to the importance of preserving the buildings in the Downtown which reflect the City's early manufacturing heritage. He suggested that demolition should be avoided and that re-using these structures requires both imagination and a willingness to take risks. He further suggested that the City create the recommended Adaptive Re-Use Award in recognition of the efforts of developers who re-use heritage buildings. Councillor J. Haalboom appeared in her capacity as the Chair of Heritage Kitchener and noted that the City's Official Plan directs the promotion of community heritage through the recognition of individual preservation efforts. She pointed out that the proposed Heritage Award addresses this policy and encourages the conservation of the City's heritage resources. Council then dealt with the clause of the Planning and Economic Development Committee report dealing with the creation of Heritage and Adaptive Re-use Awards Program. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That clause #7 of the Planning and Economic Development Committee report of this date be adopted." Carried. Moved by Councillor T. Galloway Seconded by Councillor J. Haalboom "WHEREAS the Council of the City of Kitchener on this day has formally instituted a Heritage and Adaptive Re-Use Award Program, AND WHEREAS the prominence of this Award Program will greatly be enhanced by the naming of these Awards in the name of a deserving individual, AND WHEREAS former City of Kitchener Councillor Mike Wagner served this community with distinction during his years on Council, AND WHEREAS he exhibited particular dedication, effort and leadership in the areas of Heritage and Adaptive Re-Use, AND WHEREAS the dedication of these Awards in Mike Wagner's name would bring tremendous honour and distinction to the Award Program and to the recipients of the Awards, THEREFORE BE IT RESOLVED that the Awards approved at this meeting of the City of Kitchener DECEMBER 15, 1997 COUNCIL MINUTES -681- CITY OF KITCI:IENER Council be named the 'Mike Wagner Heritage Award' and the 'Mike Wagner Adaptive Re-Use Award."' Mr. Hans Pottkamper spoke as one of the original members of the Adaptive Re-Use Committee and noted that under the stewardship of former City Council member Mike Wagner, the Committee was strengthened and broadened its focus to include a wide range of preservation and adaptive re-use initiatives. Mr. Pottkamper noted that Mike Wagner devoted his energies to encouraging an environment of preservation and asked that based on his contributions to the long-term development of the City, the Adaptive Re-Use Award be named after him. Councillor J. Haalboom read an open letter addressed to Mike Wagner from heritage volunteers wishing to express support for the naming of the Heritage Award after Mike Wagner. Ms. Haalboom noted that Mike Wagner has championed the cause of heritage preservation and the land use policies which protect a wide range of heritage resources. She added that he continually challenged anti-heritage thinking and recognized the importance of preserving these community resources. Ms. Haalboom used a series of slides documenting natural and man-made heritage sites in the City to highlight Mike Wagner's contributions and encouraged other members of Council to name the Heritage Award after him. Individual members of Council voiced their support for naming both awards in recognition of Mike Wagner's contribution to Council and the municipality. Mayor C. Zehr also read a letter from Ms. Susan Hoffman of the Kitchener Public Library supporting naming of the awards after Mike Wagner. The motion of Councillor T. Galloway, seconded by Councillor J. Haalboom, to name both the Heritage and the Adaptive Re-Use Awards after former Councillor Mike Wagner was voted on and Carried Unanimously. Mayor C. Zehr, Councillor J. Haalboom, Councillor T. Galloway, Mike Wagner and Hans Pottkamper then unveiled mock-ups of both awards. Mrs. Pat Wagner spoke on behalf of her husband and his family and thanked Council for the honour bestowed upon him. She referred to Mr. Wagner's work with the Local Architectural Conservation Advisory Committee (now Heritage Kitchener) and City staff to put in place policies designed to preserve community heritage. She then read Mike's personal comments that he is thrilled and awed by the association of his name with these Awards and that he will long remember and appreciate this honour. He specifically thanked Councillors T. Galloway and J. Haalboom, as well as members of Heritage Kitchener and the Adaptive Re-Use Committee. He extended special thanks to Messrs. T. McCabe, B. Stanley, L. Bensason and Paul Britton, as well as thanks to Mayor C. Zehr and the present City Council. Mayor C. Zehr thanked Mike Wagner, his family and friends for attending, as well as Messrs. Stanley and Bensason for organizing tonight's ceremony. Mr. Paul Britton, MacNaughton Hermsen Britton Clarkson Planning, appeared in regard to a joint award submission made by his firm, the City of Kitchener and Kaufman Footwear in regard to the Kaufman Footwear Adaptive Re-Use and Heritage Preservation Project. He noted that on November 25, 1997, the project received an outstanding achievement award in the category of new directions in planning from the Ontario Professional Planning Institute. Mr. Britton suggested that the award recognizes both the personal contribution of Mike Wagner and the City of Kitchener's proactive approach to planning. He also acknowledged the staff contribution and leadership of T. McCabe, B. Stanley and L. Bensason. Mr. Paul Britton then presented a certificate and statuette to Mayor C. Zehr who accepted on behalf of City Council. The meeting was then recessed for five minutes. Ms. Sharon Tranter, Manager of Recruitment & Training, introduced Mr. Bill McKim, Executive Director, Ontario Municipal Management Institute (OMMI) who was in attendance this date to present Certified Municipal Manager certificates to selected Kitchener staff. Mr. McKim pointed out that the certification is legally recognized and that Kitchener presently has the distinction of having the most Certified Municipal Manager (CMM) designations of any municipality in Ontario. He noted that the designations reflect the depth of management expertise based on academic and employment experience. Mr. McKim offered his DECEMBER 15, 1997 COUNCIL MINUTES - 68~- CITY OF KITCI:IENER congratulations to the recipients and extended his thanks to the City for its support. Mayor C. Zehr and Mr. McKim then presented certificates to the following individuals: CMM III CMM II CMM I CMM T. Clancy J. Bayley J. Hancock O. den Ouden R. Pritchard B. Page J. Shivas G. Sosnoski S. Tranter C. Oliver B. Browning M. Hauser R. Short E. Weiss The following individuals also received certificates but were not in attendance: CMM III CMM II CMM C. Ladd D. Corks J. Woodhall L. Balfour F. Currier S. Hucul A. Kotlarchuk L. Proulx Ms. Sharon Tranter advised that the City of Windhoek, Namibia, has named a street in a new subdivision "Kitchener Street" in recognition of Kitchener's support and efforts regarding the 1990-1996 municipal partnership with Windhoek. Ms. Tranter read from a letter of thanks addressed to Kitchener Council and staff. Mr. L. Gordon, Manager of Purchasing, appeared as a delegation to answer any questions regarding the tenders listed on the Committee of the Whole agenda of this date. Mayor C. Zehr announced that the recommendation with respect to Proposal No. P97-106 (Kitchener Downtown Lighting Fixture Supply) has been withdrawn for further consideration. Moved by Councillor J. Ziegler Seconded by Councillor Jake Smola "That tender T97-108, Gravel Extraction (Victoria Street Pit), be awarded to Forwell Gravel Inc., Kitchener at their tendered price of $.27 per tonne, plus G.S.T. and P.S.T." -and- "That tender T97-116, Natural Gas Plastic Pipe, be awarded to KWH Pipe (Canada) Ltd., Streetsville at their tendered price of $59,840., plus P.S.T. and G.S.T." -and- "That tender T97-129, Three (3) Rubber Tired, 4-Wheel Drive, Diesel Powered, Articulated Utility Tractors for Sidewalk Snowplowing and Lawn Mowing, be awarded to Work Equipment Limited, Courtland, Ontario at their tendered price of $194,361., plus one optional sidewalk broom at their tendered price of $5,075. and two optional rear mounted salt and sand spreaders at their tendered price of $8,650., plus G.S.T. and P.S.T." -and- "That tender T97-98, Network Switch and Monitoring Software, be awarded to Unis Lumin, Oakville, Ontario at their tendered price of $61,314.34 plus G.S.T. and P.S.T." -and- "That tender T97-111, Electrical Service and Repair, be awarded to Kearsley Electric Limited, Kitchener; Harold Stecho Electric Limited, Waterloo; Victoria Electric of Kitchener Limited, Kitchener and B.C. Electrical & Mechanical, Kitchener." DECEMBER 15, 1997 COUNCIL MINUTES - 683- CITY OF KITCI:IENER -and- "That tender T97-115, Meter Bar Assemblies, be awarded to Bryan Donkin RMG Canada Ltd., Woodstock, at their tendered price of $115,500., plus P.S.T. and G.S.T." Carried. Mr. Paul Puopolo, Planning Engineering Initiatives Ltd., appeared in support and to answer any questions concerning clause #3 of the Planning and Economic Development Committee report of this date dealing with revision to the Bridgeport East Secondary Plan and Subdivision Application 30T-97007. Mr. Steve Vogel and Ms. Sarah Corfield appeared in opposition to clause #3 of the Planning and Economic Development Committee report of this date. Mr. Vogel noted that the City is approving the subdivision and associated growth without the necessary improvements to its infrastructure, which he suggested is despicable and a transparent attempt to increase tax revenue without providing proper support. Mr. Vogel referred specifically to the bridge and road surface, which he suggested is unchanged since 1934 and reached design capacity in 1984. He also noted that he is in attendance this date to preserve his right of appeal to the Ontario Municipal Board. Councillor C. Weylie enquired of Mr. Vogel whether he believes the bridge in question is the only way to enter this part of Bridgeport, and he replied that it is the only expedient way to gain access, but acknowledged there is a longer and more circuitous route via the Breslau intersection. Mr. Vogel suggested that in terms of alternate access to a large urban area, Bridgeport East is unique and noted that it takes approximately ten minutes to reach Bridgeport via Breslau. He also referred to previous concerns raised in regard to fire response times. Ms. Sarah Corfield advised that in her view Council did not genuinely seek public input on this matter, and asked that the community be given the courtesy of a fair hearing and an informed decision. She noted that by her appearance it is now a matter of record that concerned citizens have alerted Council to all of the problems involved in the proposed subdivision approval. She further noted that Councillor J. Haalboom was the only member of Council with any relevant questions for staff, and suggested that improvements to the transportation situation in this area should be addressed. In response to a question from Councillor C. Weylie, Fire Chief Hancock advised that fire response tests to the Bridgeport site had been undertaken and that the first response arrived in 4 minutes and 25 seconds, the second unit responded in 6 minutes and 17 seconds and the third unit, comprising full response, in 6 minutes and 40 seconds. He commented that the response time generally conforms to staff targets and further noted that the average response time for tiered medical coverage is 4 minutes and 25 seconds and for fire calls is 4 minutes and 35 seconds. He further noted that one run was made from the Guelph Street station at 4:30 p.m. and that a video of this test is available for viewing upon request. Councillor Jake Smola characterized the response time figures as good, and Councillor Galloway pointed out that response times in the Pioneer Tower West area are in the 6 minutes range. Mr. Vogel responded, noting that in his estimation there are no comparable situations in any other part of the City, and questioned what would occur in the event the bridge access was blocked. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That clause #3 of the report of the Planning & Economic Development Committee of this date be adopted." Carried. Mr. Mark Charboneau, CUPE National Representative, appeared on behalf of CUPE Local #791 and its 230 employee members concerning representation on the Job Evaluation Steering and Consultant Selection Committee. Mr. Charboneau noted that the Union had previously requested status on the Consultant Selection and Steering Committee, but is receiving only one of the seven Committee positions. He referred to correspondence from Mr. Joe Sutherland which indicated that this is DECEMBER 15, 1997 COUNCIL MINUTES - 684 - CITY OF KITCI:IENER unacceptable and that the concept of equal representation cannot be addressed by a single appointee. Mr. Charboneau indicated that he does not object to Council participation, but feels that the largest employee group is under-represented on the Committee which has three political representatives (including the Mayor) the Chief Administrative Officer, one Management representative, one Non-Union representative and one CUPE Local #791 representative. Mr. Charboneau requested equal representation, as he indicated was the arrangement on the Pay Equity Committee, and in this regard asked that there be three Local #791 representatives. Councillor B. Vrbanovic disclosed a pecuniary conflict of interest and abstained from all voting and discussion of the Job Evaluation Consultant Selection and Steering Committee as his wife is employed by the City's Information Services Division. Mr. J. Gazzola advised that all job evaluation review proposals have been received and that interviews of the short-listed consultants will begin early in the new year. Moved by Councillor M. Yantzi Seconded by Councillor G. Lorentz "That CUPE Local #791 representation on the Job Evaluation Consultant Selection and Steering Committee be increased from one to three representatives." Carried. Councillor B. Vrbanovic previously disclosed a pecuniary conflict of interest and abstained from all voting and discussion concerning the Job Evaluation Consultant Selection and Steering Committee as his wife is employed by the City's Information Services Division. Mr. Mervyn Villemaire appeared on behalf of Griere Investments Ltd. and in regard to Clause #1 of the Planning and Economic Development Committee report of this date dealing with Lot 10 in Phase 2 of the Lancaster Corporate Centre. Mr. Villemaire advised that his client is the owner of property adjacent to the Ernst & Young building on Riverbend Drive, and noted that when the property was purchased no reference was made to the need for underground services in Phase 2, though there is presently a covenant in this regard for Phase 1. He advised that his client would like to mount a hydro transformer on an existing pole, and in this regard he has spoken to Mr. Terry Reidel of Ernst & Young who has indicated that he has no objection, and would in fact like Council to consider allowing the same arrangement on the Ernst & Young lands. Mr. Villemaire further advised that Adjusters Canada, who also owned land in the Corporate Centre, have taken a similar view. He stressed that allowing the pole-mounted transformer will not result in an increased cost to the City, but will save his client approximately $15,000 in servicing costs. He noted that such a concession would not constitute a precedent as there is presently no covenant requiring below ground services in Phase 2. Mr. Villemaire circulated photographs of the transformer configuration and proposed location and asked that Council favourably consider his client's request. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That Clause #1 of the Planning & Economic Development Committee report of this date be adopted." Ms. V. Gibaut advised that she had spoken with representatives of Kitchener-Wilmot Hydro, who are also considering conversion of the entire Corporate Centre to overhead wiring. In this regard, Mayor C. Zehr noted that such a move would save Kitchener development costs as well as reduce the expenses of Kitchener-Wilmot Hydro. Mr. J. Gazzola noted that the entire matter is a question of aesthetics and whether or not a pole-mounted transformer is preferable to a transformer vault. Mr. J. Shivas advised that he has no problem with overhead wiring in regard to Phase 2 as there is no covenant presently in place; however, he may have concerns in regard to similar action in Phase 1 and asked for an opportunity to review this matter and report back at a later date. COUNCIL MINUTES DECEMBER 15, 1997 - 685- CITY OF KITCI:IENER The motion by Councillor C. Weylie, seconded by Councillor M. Yantzi, to adopt Clause #1 of the Planning and Economic Development Committee report of this date was then voted on and Lost. Moved by Councillor G. Lorentz Seconded by Councillor K. Taylor-Harrison "That Council approve the following in regard to Clause #1 of the Planning and Economic Development Committee report of this date: 'That Council accede to the request of Mr. Al Way, on behalf of Jamesway Construction, for permission to mount a single hydro transformer on an existing pole to service a building being developed on Lot 10 in Phase 2 of the Lancaster Corporate Centre."' Carried. Councillor C. Weylie referred to problems with this item at the Committee level due to the lack of a staff report, and asked that where Council consideration is required, a written report should always be submitted. Mr. Jory Sigesmund, Boardview Advertising Inc., appeared ~n regard to Clause #9 of the Community Services Committee report of this date, recommending that the City enter into an agreement with his company to provide advertising at community arenas. Council was in receipt of a report from D. Arnold, Assistant City Solicitor, dated December 12, 1997 recommending a one-year agreement in this regard, and containing a draft agreement dated December 12, 1997. Mr. Sigesmund advised that he would prefer a longer term than the recommended one-year and suggested a three-year term which would better reflect his costs in approaching the marketplace. He advised that a one-year agreement hinders his company's ability to sign up local businesses which may be looking for a longer term commitment. Mr. T. Clancy advised that Parks & Recreation Department staff are now convinced that limiting the company's ability to sell based on a one-year agreement is ill- advised and is now recommending at three-year agreement. Councillor G. Lorentz put forward a motion, seconded by Councillor T. Galloway, to adopt Clause #9 of the Community Services Committee report of this date and to incorporate the recommendation in the report of D. Arnold dated December 12, 1997. On motion, Councillors G. Lorentz and T. Galloway subsequently amended the motion by increasing the term of the agreement from one to three years. Councillor T. Galloway suggested that the involvement of Boardview Advertising could extend to the Twin Ice Pads of the Kitchener Memorial Auditorium Complex, and Mr. T. Clancy suggested that this may be done in conjunction with renewal of the contract with the Kitchener Rangers for the Dom Cardillo Arena. Councillor B. Vrbanovic suggested including a performance clause in the agreement and Mr. Shivas noted that the second part of clause 6B would address this concern. Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway "That Clause #9 of the Community Services Committee report of this date be adopted, as amended." Carried. Moved by Councillor John Smola Seconded by Councillor B. Vrbanovic "That the report of the Public Works and Transportation Committee of this date be adopted." Carried. Moved by Councillor J. Ziegler Seconded by Councillor K. Taylor-Harrison "That the report of the Finance and Administration Committee of this date be adopted." DECEMBER 15, 1997 COUNCIL MINUTES -686- CITY OF KITCI:IENER Councillor J. Ziegler advised that Ms. Cheryl Edwards, the owner of Pleasure's, who was in attendance earlier this evening, had requested an extension of the relocation deadline to allow her to complete renovations at 1412 Victoria Street North, and he amended Clause #6 of the Finance and Administration Committee report of this date accordingly. Councillor Ziegler also advised that Ms. Margaret Deptulski, owner of Cleopatra's, has requested permission to remain at Unit 7 rather than relocate to Unit 5, 280 Victoria Street North, and he amended Clause #4 of the report accordingly. Councillor Ziegler also amended Clause #9, paragraph 3, of the report to reflect that the requirements to be met include, but are not limited to, those listed. Councillor G. Lorentz referred to an unsigned letter which was circulated to members of Council this date suggesting that some of the renovations to body rub parlours include hot tubs, and that this may raise health concerns. Mr. Shivas commented that the City by-law is silent in this regard, and Councillor Lorentz suggested that amendments may be required. Mr. Shivas advised that in respect to the concern raised, he would investigate further and report back at a future date. Councillor J. Haalboom asked that Clauses #3 to #7, inclusive, be dealt with separately and that a recorded vote be taken. The report of the Finance and Administration Committee of this date was then voted on clause by clause. Clauses #3, 5 & 7 - Carried. Clauses #4 & 6 - Carried, As Amended. In regard to Clauses #3-7, inclusive, the following recorded vote was taken: IN FAVOUR: Mayor C. Zehr, Councillors K. Taylor- Harrison, M. Yantzi, John Smola, Jake Smola, B. Vrbanovic, J. Ziegler, T. Galloway, G. Lorentz and C. Weylie. CONTRA: Councillor J. Haalboom. Clause #9 - Carried, As Amended. Balance of Report - Carried. Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway "That the report of the Community Services Committee of this date be adopted." Councillor G. Lorentz advised that, due to an electronic error in transmitting the October 27, 1997 Committee report, one recommendation was omitted and this has been added to the report of this date as Clause #16. The report of the Community Services Committee of this date was then voted on clause by clause. Clause #9 - Dealt with under delegations and Carried, As Amended. Balance of Report - Carried. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That the report of the Planning and Economic Development Committee of Council of this date be adopted." Voted on clause by clause. DECEMBER 15, 1997 COUNCIL MINUTES -687- CITY OF KITCI:IENER Clause #1 - Dealt with under delegations and motion LOST. Clauses #3 & #7 - Dealt with under delegations and Carried. Balance of Report - Carried. Moved by Councillor J. Haalboom Seconded by Councillor T. Galloway "That the report of Heritage Kitchener of this date be adopted." Carried. Councillor M. Yantzi referred to a December 11, 1997 letter received by City Council from Mr. Branko Brkovitch concerning the process followed in regard to applications for Council appointments to Committees and Boards. He asked that discussion of Mr. Brkovitch's letter and possible changes to the current procedures for Committee appointments be referred to the January 12, 1998, meeting of the Finance and Administration Committee for discussion. Councillor G. Lorentz stressed the need for Council to review and, if appropriate, update the Corporate Strategic Plan developed last year and suggested an early January meeting in this regard. Mayor C. Zehr advised that he had discussed this with the Chief Administrative Officer and it was felt that an early February meeting may be more appropriate, and indicated that he would circulate timetable suggestions in this regard. Mr. Gazzola clarified that this would allow Council to discuss broader policy issues prior to completion of the 1998 Budget. Councillor B. Vrbanovic inquired as to whether Council should take a position in regard to the recent announcements by the Province and their apparent change of position in regard to the financial implications of downloading. He referred to a media release dated December 15, 1997, from the Large Urban Mayor's Caucus of Ontario (LUMCO), which criticizes the revised formula for calculating the financial implications of downloading and the fact that it is not revenue neutral as previously promised by the Province and arbitrarily imposes significant budget reductions on municipalities. Mayor C. Zehr advised that he had attempted to contact the Vice-Chair of LUMCO and, if there is a desire to do so, Kitchener Council should respond to the Province's recent announcement. He also pointed out that staff have found several errors in the Province's calculation of the amount of budget reductions required and are following up with the Province. He suggested that at minimum, there must be discussions as to phasing in of Provincial grant reductions. Mr. J. Gazzola commented that when the municipality was first advised that Provincial grants would be eliminated, the Council of the day looked into the feasibility of divesting itself of this grant over a 4 to 5 year period. He added that over the past 4 years, transfer payments from the Province have decreased from $15 million to $7.5 million, and based on the recent announcement will now be reduced to nil. Mayor C. Zehr thanked those involved in the recent Christkindlmarket at City Hall and referred to the numerous groups and individual performers who participated. He advised that the event exceeded expectations and extended a special thanks to Mr. Tony Bergmeier, the volunteer Chair of the Christkindlmarket Committee. Councillor B. Vrbanovic added thanks to Gina Holstead and Laurie Gove of the City's Parks and Recreation Department, and asked Mr. T. Clancy to extend Council's appreciation to these two staff members. Councillor John Smola inquired when Council would be in a position to confirm that Budget Day will be on March 11, 1998, and Mr. Gazzola replied that this date would now appear to be optimistic based on recent Provincial announcements, and it is possible the budget process will extend beyond March 31, 1998. Council agreed to the request of Mr. R.W. Pritchard to add a by-law for three readings this date to exempt certain lots from Part Lot Control and affecting Grey Fox Drive, Waterwillow Court, Queen Charlotte Crescent and Orchard Crescent. Moved by Councillor K. Taylor-Harrison Seconded by Councillor M. Yantzi "That leave be given the Mover and Seconder to introduce the following by-laws, namely: COUNCIL MINUTES DECEMBER 15, 1997 - 688- CITY OF KITCI:IENER (a) Being a by-law to amend the City of Kitchener Municipal Code - Chapter 320 imposing a special charge on classes of buildings that impose or may impose a heavy load on the sewer or water system (b) Being a by-law to amend Chapter 380 of The City of Kitchener Municipal Code with respect to Tariff of Fees Planning Matters (c) Being a by-law to delegate certain authority under the Planning Act, R.S.O. 1990, c.P. 13 (d) Being a by-law for licensing and regulating adult entertainment parlours and attendants (e) Being a by-law to amend Chapter 501 of The City of Kitchener Municipal Code with respect to Licence Fees (f) Being a by-law for licensing and regulating Itinerant and Temporary Vendors and Permanent and Temporary Markets (g) Being a by-law to amend Chapter 500 of The City of Kitchener Municipal Code with respect to General Provisions - Issue of Licences (h) Being a by-law to amend Chapter 501 of The City of Kitchener Municipal Code with respect to Licence Fees (i) Being a by-law to exempt certain lots from Part Lot Control - Block 52, Registered Plan 1826 - Deans Gate Court (J) Being a by-law to establish retention periods and disposition methods for records of the municipality (k) To further amend By-law No. 94-101, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property (m) To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon (n) Being a by-law to amend By-law No. 88-172 being a by-law to authorize certain on-street and off-street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof (o) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - John Marquis - Fairfield Avenue - No.96/06/F/ZJ (P) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener: Unitron Industries Ltd. - Beasley Drive; Hudel Maintenance & Construction Limited - Beasley Drive; Dan Brown - Beasley Drive; Wesco Liftx Inc. - Trillium Drive - Nos. 96/33/B/PB and 97/04/B/PB (q) To confirm all actions and proceedings of the Council (r) Being a by-law to exempt certain lots from Part Lot Control - Blocks 2, 5, 8,9, 10, 11, 12, 13, 15, 16, 17, 20, Registered Plan 1822- Grey Fox Drive, Waterwillow Court, Queen Charlotte Crescent and Orchid Crescent. and that the same be taken as read a first time and stand referred to the Committee of the Whole." Carried. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor DECEMBER 15, 1997 COUNCIL MINUTES -689- CITY OF KITCI:IENER C. Zehr appointed Councillor Jake Smola as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor Jake Smola Seconded by Councillor B. Vrbanovic "That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes, are hereby adopted and confirmed." Moved by Councillor K. Taylor-Harrison Seconded by Councillor M. Yantzi "That the by-laws listed on the agenda for third reading, namely: (a) (b) Carried. Being a by-law to close and sell Part of Old Fairway Road shown as Parts 6,7,8,9 and 10, Plan 58R-10926 and to transfer Parts 1, 2, 3, 4 and 5, Plan 58R-10926, in the City of Kitchener (By-law No. 97-183) Being a by-law to amend Chapter 380 of The City of Kitchener Municipal Code with respect to Tariff of Fees Planning Matters (By-law No. 97-184) (c) (d) (e) Being a by-law to delegate certain authority under the Planning Act, R.S.O. 1990, c.P.13 (By-law No. 97-185) Being a by-law for licensing and regulating adult entertainment parlours and attendants (By-law No. 97-186) Chapter 501 of The City of Kitchener Municipal Code with Being a by-law to amend respect to Licence Fees (f) Being a by-law for licensing and regulating Itinerant Permanent and Temporary Markets (g) (h) (i) (By-law No. 97-187) and Temporary Vendors and (By-law No. 97-188) Being a by-law to amend Chapter 500 of The City of Kitchener Municipal Code with respect to General Provisions - Issue of Licences (By-law No. 97-189) Being a by-law to amend Chapter 501 of The City of Kitchener Municipal Code with respect to Licence Fees (By-law No. 97-190) Being a by-law to exempt certain lots from Part Lot Control - Block 52, Registered Plan 1826 - Deans Gate Court (By-law No. 97-191 ) DECEMBER 15, 1997 COUNCIL MINUTES - 690- CITY OF KITCI:IENER (J) (k) Being a by-law to establish retention periods and disposition methods for records of the municipality (By-law No. 97-192) To further amend By-law No. 94-101, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener (By-law No. 97-193) (m) (n) To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property (By-law No. 97-194) To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon (By-law No. 97-195) Being a by-law to amend By-law No. 88-172 being a by-law to authorize certain on-street and off-street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof (By-law No. 97-196) (o) (P) (q) (r) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - John Marquis - Fairfield Avenue - No.96/06/F/ZJ (By-law No. 97-197) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener: Unitron Industries Ltd. - Beasley Drive; Hudel Maintenance & Construction Limited - Beasley Drive; Dan Brown - Beasley Drive; Wesco Liftx Inc. - Trillium Drive - Nos. 96/33/B/PB and 97/04/B/PB (By-law No. 97-198) To confirm all actions and proceedings of the Council (By-law No. 97-199) Being a by-law to exempt certain lots from Part Lot Control - Blocks 2, 5, 8,9, 10, 11, 12, 13, 15, 16, 17, 20, Registered Plan 1822- Grey Fox Drive, Waterwillow Court, Queen Charlotte Crescent and Orchid Crescent. (By-law No. 97-200) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned. MAYOR CLERK PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - That no action be taken on the request of Mr. Al Way, on behalf of Jamesway Construction, for permission to mount a hydro transformer on an existing pole to service a building being developed on Lot 10 in Phase 2 of the Lancaster Corporate Centre. (Dealt with under Delegations and Motion Lost) That Subdivision Application 30T-97009 (Prosperity Homes Limited) be recommended to Regional Municipality of Waterloo for draft approval, subject to the following conditions: That the Subdivider enter into a City Standard Form Residential Subdivision Agreement as approved by City Council embracing those lands shown outlined on the attached Plan of Subdivision and that the following special conditions be written therein: The Subdivider covenants and agrees: 51. That the final plan for registration purposes shall be prepared in accordance with the attached Plan of Subdivision dated, October 14, 1997, providing that minor amendments to said plan, acceptable to the General Manager of Planning and Development and not affecting the numbering of lots or blocks may be permitted without an amendment to this agreement. Any changes affecting the numbering of lots or blocks shall require an amendment to this agreement to reflect such changes. 52. To submit a Lot Grading and Drainage Control Plan for approval by the City's General Manager of Public Works, in consultation with the City's General Manager of Parks and Recreation, and the Grand River Conservation Authority, prior to any grading or construction on site or registration of the subdivision plan. Said engineering design shall include erosion provision for any required erosion and siltation control features to be installed both during and after grading and construction stages. The Subdivider further agrees to implement all required measures as outlined in the approved final design. 53. That construction traffic accessing this subdivision shall be restricted to using Rittenhouse Road, Erinbrook Drive, Waterford Road to Westmount Road. The Subdivider agrees to advise all relevant contractors, builders and other persons of this requirement, with the Subdivider being responsible for any signage, where required by and to the satisfaction of the City's General Manager of Public Works. 54. That vehicular access to Lots 1, 11 and 37 shall only be permitted from Rittenhouse Road and shall be located on the side of the lot furthest away from the intersection. In addition, the Subdivider agrees that vehicular access to Lot 3 shall be provided along the flankage of the lot furthest away from the corner. 55. That the street name within the plan shall be White Sands Court. 56. That the transit stop on Rittenhouse Road shall be relocated to the east in front of Rittenhouse Park and a concrete pad be installed at the Subdivider's cost to the satisfaction of the General Manager of Public Works. That the Residential Subdivision Agreement registered on title as Instrument No. 1160676 be released from title of the subject lands immediately subsequent to the registration of the subdivision agreement required in A above. It is the opinion of this Committee that approval of this application is proper planning for the City. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 3. A. That a revision to the Bridgeport East Secondary Plan be approved as follows: 5.2.6 Notwithstanding Policy 5.2.1 above, new single detached lots on lands adjacent to Schaefer Park may have a minimum lot width of 13.7 metres in consideration of their DECEMBER 15, 1997 COUNCIL MINUTES - 69~- CITY OF KITCI:IENER COUNCIL MINUTES DECEMBER 15, 1997 - 692- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL location facing existing semi-detached dwellings and the compatibility of lot sizes in this instance. It is the opinion of this Committee that approval of this revision to the Secondary Plan is proper planning for the City. That Subdivision Application 30T-97007 (346874 Ontario Limited) be recommended to the Regional Municipality of Waterloo for draft approval, subject to the following conditions: That the Subdivider enter into a City Standard Form Residential Subdivision Agreement as approved by City Council embracing those lands shown outlined on the attached Plan of Subdivision and that the following special conditions be written therein: The Subdivider covenants and agrees: 51. That the final plan for registration purposes shall be prepared in accordance with the attached Plan of Subdivision dated November 5, 1997, providing that minor amendments to said plan, acceptable to the General Manager of Planning and Development and not affecting the numbering of lots or blocks may be permitted without an amendment to this agreement. Any changes affecting the numbering of lots or blocks shall require an amendment to this agreement to reflect such changes. 52. To submit a Lot Grading and Drainage Control Plan for approval by the City's General Manager of Public Works, in consultation with the City's General Manager of Parks and Recreation, the Grand River Conservation Authority, and the Regional Municipality of Waterloo prior to any grading or construction on site or registration of the subdivision plan. 53. To submit a detailed engineering design for Storm Water Management for the approval of the City's General Manager of Public Works, in consultation with the City's General Manager of Parks and Recreation, Grand River Conservation Authority and the Regional Municipality of Waterloo, prior to any grading or construction on site or registration of the plan of subdivision. Said engineering design shall include erosion provision for any required erosion and siltation control features to be installed during and after grading and construction stages. The Subdivider further agrees to implement all required measures as outlined in the approved final design. 54. To obtain from the Grand River Conservation Authority, a Fill, Construction and Alterations to Waterways Permit under Ontario Regulation 149 of RRO 1990 as amended by Ontario Regulation 69/93 and 669/94 for any storm sewer outfalls or alterations within the flood plain or scheduled area of the Grand River. Such permits shall be obtained, prior to any on site grading, installation of services or prior to the City's release of the subdivision plan for registration purposes if required by the Grand River Conservation Authority. 55. That the street name in the plan shall be "Colyer Place". 56. To erect a 1.8 metre (5 foot) high chain link or wooden privacy fence along the flankage of Lots 1, 10 and 11 and the rear of Lots 11 to 13 at the subdivider's cost and to the satisfaction to the General Manager of Parks and Recreation. 57. To make a cash contribution to the City of Kitchener Park Trust Fund Account in lieu of land for park purposes and in fulfilment of the Planning Act's park dedication requirement. Said contribution shall be equivalent to 5% of the land being subdivided, PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 3. Cont'd being 0.044 hectares, with said value and contribution being determined as of the day DECEMBER 15, 1997 COUNCIL MINUTES - 693- CITY OF KITCI:IENER COUNCIL MINUTES DECEMBER 15, 1997 - 693- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL before the day of draft approval and paid immediately prior to registration of the subdivision. 58. To dedicate, by plan registration, free and clear of encumbrance, Block 14 for a road widening. 59. The Subdivider agrees that no building permits shall be applied for on any lot within the Plan until satisfactory arrangements are made with the City's Chief Building Official regarding the installation and maintenance of a direct-to-fire alarm monitoring system for each and every dwelling to be constructed within this Plan. Satisfactory arrangements shall be the submission of drawings showing the hardwiring in each dwelling. Prior to occupancy of each dwelling, the Subdivider shall confirm with the Chief Building Official that such system is operational. Such system shall remain operational in perpetuity and this condition shall not be released from title unless and until the City's Solicitor is notified by the City's Fire Chief that adequate protection is otherwise provided and the maintenance of the system is no longer mandatory. It is the opinion of this Committee that approval of this application is proper planning for the City. (Dealt with under Delegations and Carried) That the City accept, and the Mayor and Clerk execute an Offer to Purchase dated December 1, 1997, submitted by The Ulmer Corporation with respect to Part 10 of Reference Plan 58R-7426 of Site 142 in Phase III of the Huron Business Park for a total purchase price of $144,000.00 based on 1.92 acres at $75,000 per acre; and further, That the Mayor and Clerk are hereby authorized to execute any other necessary documentation required by the City Solicitor. 1) 2) That City Council revise the conditions of approval for Zone Change Application 94/06/K/CL (Dr. V.B. Rao), 890 King Street West, as recommended for approval by Planning and Economic Development Committee on August 6, 1996, by adding the following one condition: As an alternative to completing conditions 1 to 4, the owner may submit a cost estimate for 100% of the total cost of all works required to be done in accordance with the approved grading and drainage control plan, storm water management plan and landscaping plan in a form satisfactory to the City's Director of Community Planning, Development and Design and to provide a letter of Credit to the City's Director of Community Planning, Development and Design for 100% of the said work to be completed in a form satisfactory to the City Solicitor. The Kitchener Council support an extension to June 30, 1998 to allow the Owner to submit a letter of credit, and that Council advise the applicant that a further extension of time to fulfil the conditions of approval will not be granted. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 6. 1) That City Council delegate to the General Manager of Planning and Development the DECEMBER 15, 1997 COUNCIL MINUTES - 694 - CITY OF KITCI:IENER COUNCIL MINUTES DECEMBER 15, 1997 - 694- CITY OF KITCI:IENER 2) 3) REPORTS ADOPTED BY COUNCIL authority to enter into an agreement with the Commissioner of Planning and Culture for the Regional Municipality of Waterloo respecting administrative matters related to the processing of plans of subdivision, plans of condominium, part lot control exemption by- laws and consents; and further, That City Council approve the "Proposed By-law" dated December 4, 1997, attached as Appendix 'C' to Planning and Development Staff Report PD 97/119, to further delegate to Kitchener's General Manager of Planning and Development certain authority relative to plans of subdivision and plans of condominium under the Planning Act; and further, That City Council approve the revisions to Council Policy "1-636: Approval Authority - Delegation - General Manager of Planning and Development" shown in bold on Appendix 'B' attached to Planning and Development Staff Report PD 97/119. 2) 3) That City Council approve the establishment of an annual awards program to recognize the efforts of those who have contributed to the conservation of heritage properties or who have undertaken adaptive re-use projects in the City of Kitchener; and further, That pre-budget approval in the amount of $2230 be approved in order to commence the program in time for the awards to be presented on Heritage Day, which will be celebrated on Monday, February 16th, 1998; and further, That details regarding eligibility requirements, nomination and judging procedures, award categories and the presentation ceremony be referred to the Department of Planning and Development, in consultation with the Heritage Kitchener and Adaptive Re-Use Committees. (Dealt with under Delegations and Carried) 8. That Planning and Development Staff Report PD 97/118 (Council Policy on Duplexing) be received for information. COMMUNITY SERVICES COMMITTEE - That no action be taken on the request of the 1997 World Horseshoe Pitching Tournament for the City of Kitchener to donate $10,000.00 to the K-W Khaki Club. That the request of the Kitchener Horticultural Society for additional grant funding, in 1997, of $5,755.00, be deferred, to be considered along with the Society's 1998 grant application, and further, That staff report to the Community Services Committee on ways that the City can assist the Horticultural Society with such expenses as insurance, water, etc.. That $1,800.00 of the $10,000.00 prize, awarded to the Cedar Hills Community Group during the 1996 Festival of Neighbourhoods, be used to pay off a current debt for the installation of a concrete pad in Sandhills Park, and further, That we approve, in principle, the remaining $8,200.00 of the prize awarded to the Cedar Hills Community in 1996 to be used for a facade improvement program within the Cedar Hills neighbourhood, which will take the form of interest free loans, with no forgivable portion; subject to criteria of the program being approved at a future Community Services Committee meeting and staff from the Finance, Planning & Development and Parks & Recreation Departments being involved to assist in developing the criteria, and further, COMMUNITY SERVICES COMMITTEE - (CONT'D) COUNCIL MINUTES DECEMBER 15, 1997 695- CITY OF KITCI:IENER COUNCIL MINUTES DECEMBER 15, 1997 - 695- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL 3. (Cont'd) That a member of the Festival of Neighbourhoods be included on the Committee who will assist in developing the criteria, and further, That the criteria give consideration to heritage features and contain an economic development portion, so as to encourage the employment of individuals within the community. That we approve an in-kind grant for the December 6th Coalition, in the amount of $150.00, to assist with rental costs for the Rotunda and Conestoga Room for the December 6th "Canada Day of Remembrance and Action". That we approve an in-kind grant, in the amount of $500.00, for the Central Ontario Chinese Cultural Centre, to assist with the cost for rental of the Rotunda on January 23 & 24, 1998. That consideration of the grant request of Ms. K. Schnarr be deferred to a Community Services Committee meeting to be held in February, 1998, to allow her an opportunity to work with staff to formalize her request. That we approve an in-kind grant for the Aids Committee of Cambridge, Kitchener, Waterloo & Area, in the amount of $230.00, to assist with the cost of renting the Rotunda on February 7, 1998, for the Chairs for Charity Art Auction. That a committee be established, consisting of staff members from the Finance Department, Parks and Recreation Department, Facilities Management Division, Security, Traffic and Parking Division and 2 members of Council, to look at issues of special events, charge backs and internal billings in connection with community use of City Hall facilities, and further, That Councillors B. Vrbanovic and Jake Smola be the 2 councillors appointed to this committee. That the Mayor and Clerk be authorized to sign an agreement with Boardview Advertising Inc. for the display of rinkboard, lobby and ice surface advertising at the City's five (5) community arenas for a three (3) year term, with an option to renew for a further three (3) years, and with said agreement to be in the form attached to the report of D. Arnold dated December 12, 1997 and satisfactory to the City Solicitor. (Dealt with under Delegations and Carried as amended) 10. That the City waive its tendering requirements with respect to the operation of the Victoria Park Boathouse concession and permit Brown's Automatic Vending (1975) Ltd. to operate the Victoria Park Boathouse concession for a period of 3 months, commencing January 1, 1998, and further, That the Mayor and Clerk be authorized to sign an agreement, satisfactory to the City Solicitor, amending the community arenas concessions agreement with Brown's Automatic Vending (1975) Ltd., dated August 29, 1994, to include operation of the Victoria Park Boathouse concession; with payment to the City of Kitchener of 15% of total gross sales less a one-time deduction from gross sales not to exceed $1,000.00 in consideration of set-up costs. 11. That the existing co-promotion between Kitchener Transit and Kitchener Farmers' Market, which provides free transit service to promotional ticket holders on market days, be continued and reviewed from time to time, and further, That Kitchener Transit provide 150 free tickets each week in support of the program, and further, That the cost of the program be reflected each year in the respective operating budgets for Transit and the Market, and further, That the cost of the program have no net effect on the overall City budget. COUNCIL MINUTES DECEMBER 15, 1997 696- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - (CONT'D) 12. That we approve the joint use agreement between the City of Kitchener and the Waterloo County Board of Education as considered by the Community Services Committee on December 8, 1997, and further, That the Mayor and Clerk be authorized to sign the agreement in a form satisfactory to the City Solicitor. 13. That the following be approved with respect to the processing of the 1998 annual grant applications: (a) That the grant applications be deferred to committee budget discussions in February; (b) That groups wishing to appear as a delegation to address their 1998 grant be placed on a future Community Services Committee agenda in early 1998; (c) That the number of delegations to appear before the Committee be subject to items on the agenda but be limited to 4, and further, That Parks and Recreation staff send a letter to each grant applicant advising them of the City's intent to keep 1998 grants to 1997 grant levels. 14. That we approve a one time, in-kind grant for "National Child Day in Waterloo Region" in the amount of $400.00; representing 50% of their costs for rental of the Rotunda, Civic Square, stage, facility management and parking on November 20, 1997. 15. That we approve the request of the Sertoma Club of Kitchener-Waterloo for 300 childrens bus tickets, having a value of $345.00, for the Christmas Miracle Party on December 14, 1997, with the understanding that any unused tickets will be returned, and further, That the value of these tickets be covered from the Transit marketing account and not the general provision grant account. 16. That the City of Kitchener designate the General Manager of Parks & Recreation as the "Municipal Parks Official" to initiate secondary response and assistance to other municipalities following damage due to winds, floods or similar emergencies; as outlined in the report of Mr. T. Clancy, General Manager, dated October 15, 1997 and considered by the Community Services Committee on October 20, 1997, and further, That the General Manager of Parks & Recreation notify Council, as soon as possible, after he has initiated such response and assistance. FINANCE AND ADMINISTRATION COMMITTEE - 1. That the permit fee for portable signs remain at $40.00 at this time; and further, That the request of the Planning and Development Department to hire a Part-Time By-law Enforcement Officer be referred to the 1998 budget process for a report from staff detailing the associated costs and any anticipated increase in revenue. That Council adopt the 1998 Schedule of Fees for Planning and Building applications as outlined in Appendix "A" of Planning and Development Department report PD 97/112 (December 1, 1997) as amended by the Finance and Administration Committee on December 8, 1997 so as to increase the demolition control application fee to $150.00 plus $50.00 for each additional residential building demolished and with no increase at this time to the permit fee for portable signs; and further, COUNCIL MINUTES DECEMBER 15, 1997 697- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL FINANCE AND ADMINISTRATION COMMITTEE - (CONT'D) 2. (Cont'd) That the above fees be implemented effective January 1, 1998 and Chapter 380 (Tariff of Fees) of the Municipal Code be amended accordingly. That no action be taken on the request of Mr. Randy Zivkovic, owner/operator of Anabella's body rub parlour for permission to relocate to 1206 King Street East, and that he be granted an extension of the relocation deadline to allow him to submit alternate locations for consideration by the Finance and Administration Committee on January 12, 1998, on the understanding that said locations will meet Council's location criteria or that any variance in this regard will be minor in nature; and further, That there is to be no action in regard to enforcement of the business licence requirement pending the outcome of the January 12, 1998 meeting. That the request of Ms. Margaret Deptulski to operate a body rub parlour at 280 Victoria Street North, Unit 7, Kitchener, during the year 1998, be approved. (As Amended) That the request of Ms. Nina Troezka to operate a body rub parlour at 1127 King Street East, Kitchener, during the year 1998, be approved; and further, That provided the total floor area for the body rub parlour at 1127 King Street East does not exceed 125 square meters, permission be granted in 1998 to expand the premises to include part of the adjoining residential unit in order to provide office and additional washroom space. That the request of Ms. Cheryl Edwards for permission to operate a body rub parlour at 1412 Victoria Street North, Kitchener, during the year 1998, be approved; and further, That the deadline for relocation of the business be extended to January 15, 1998 to allow completion of renovations at the 1412 Victoria Street North premises, and in the interim, no action be taken to enforce the 1998 business licensing requirement. (As Amended) That the request of Mr. Brad Baumbach to operate a body rub parlour at 2271 Kingsway Drive, Kitchener, during the year 1998, be approved. That the draft by-law dated November 28, 1997 to licence and regulate adult entertainment parlours and attendants as appended to the report of J. Koppeser dated December 2, 1997 be approved. That the following vendors be permitted to sell food at the locations indicated for the Festival of the Night on December 31, 1997, and that the related licence fees be waived: M. & M. Meats Charles Street Fries Pizza Pizza City of Kitchener Victoria Park King Street (near City Hall) Civic Square Civic Square; and That the Transient Photographers Licence fee applicable to Event Pics be waived for this event; and further, That permission be granted to the Family Awareness Centre to operate a free bingo in conjunction with this event, and that permission also be granted for Indoor Fireworks, with all of the above subject to meeting all related requirements, including but not limited to: health and fire regulations; insurance coverage; regulations for pyrotechnics (including submission of certification); any other requirements as detailed in the letter of the Risk Manager to the Parks and Recreation Department. (As Amended) COUNCIL MINUTES DECEMBER 15, 1997 - 698- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL FINANCE AND ADMINISTRATION COMMITTEE - (CONT'D) 10. That the current procedure with regard to obtaining police signatures applications as outlined in the report of J. Koppeser dated December 2, present with no changes. on selected licence 1997, remain as at 11. That the draft by-law dated December 5, 1997 to licence and regulate itinerant and temporary vendors and permanent and temporary markets, along with the fee schedule appended to the report of J. Koppeser dated December 5, 1997 be approved subject to removal of the $50.00 fee for farmers selling produce from their own farms; other farmers would still require such a licence; and, That a three day limit be imposed on temporary vendors and temporary retail markets, subject to clarification by staff of who would fall under the temporary vendor category and how operators under the current system would be affected by the draft legislation; and further, That provision be made for an extension of use to allow the owner of a permanent business to locate a vendor of a related product adjacent to said business. HERITAGE KITCHENER (L.A.C.A.C) - That Councillor J. Haalboom be appointed Chair of Heritage Kitchener for a term to expire November 30, 1998. That Ms. P. Wagner be appointed Vice Chair of Heritage Kitchener for a term to expire November 30, 1998. PUBLIC WORKS AND TRANSPORTATION COMMITTEE - That the City of Kitchener endorse the Regional Municipality of Waterloo Engineering Committee Report E-97-010.1 -"Rationalization of Regional Road System", dated October 8, 1997, and further, That the City of Kitchener support "Maintenance Costs Option #1" and "Capital Costs Option #3", and further, That the responsibility for all costs associated with street lighting on Regional roads be transferred to the Region. That the staff of the Department of Public Works and the Department of Parks & Recreation be instructed to prepare a report containing recommended policies for landscaping of Regional roads, including the incorporation of native trees and ground cover, for presentation to the Environmental Committee at its meeting to be held on January 14, 1998. That all necessary steps be taken by the City of Kitchener to have Trussler Road designated as a scenic road. That parking be permitted any time for a maximum period of one (1) consecutive hour on the east side of Borden Avenue, from a point 18.0 metres north of Courtland Avenue East to a point 37.0 metres north thereof, and further, That the Uniform Traffic By-law be amended accordingly. That the City of Kitchener endorse the newly created Ontario Community Transportation Association as the voice of publicly funded transportation providers in Ontario, and further, That Kitchener Transit be an active participating member. COUNCIL MINUTES DECEMBER 15, 1997 - 699 - CITY OF KITCHENER COMMITTEE OF THE WHOLE A. BY-LAWS AS LISTED ON THE AGENDA - 2ND READING - It was resolved: "That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment." B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - 1. Banner Request It was resolved: "That in conjunction with the '1998 Waterloo County Quilt Festival' we grant permission for the erection of a banner on King Street at Frederick/Benton Streets from Monday, May 11, 1998 to Sunday, May 31, 1998 inclusive. Further, that arrangements be made with the City's Contractor for erection of the banner and the payment of any costs by the organization associated therewith." 2. Licences It was resolved: "That the City of Kitchener has no objection to the St. Marks Knights of Columbus, Council No. 9276, c/o St. Marks Church, 55 Driftwood Dr., Kitchener, Ontario, N2N 3A2, being granted permission to sell tickets in the City of Kitchener for the Knights of Columbus Ontario State Council's Annual Charity Car Draw to be held at the Regal Constellation Hotel, 900 Dixon Road, Etobicoke, on May 16, 1998." -and- "That the City of Kitchener has no objection to the Heart and Stroke Foundation of Ontario, 1920 Younge Street, 4th Floor, Toronto, Ontario, M4S 3E2, being granted permission to sell tickets in the City of Kitchener for draws from February 25, 1998-March 12, 1998 at KPMG Canada, 199 Bay Street, Suite 3300, Toronto, Ontario." -and- "That the City of Kitchener has no objection to the Knights of Columbus Father Funcken Council #1504, 110 Manitou Drive, Kitchener, Ontario, N2C 1L3, being granted permission to sell tickets in the City of Kitchener for the Knights of Columbus Ontario State Council's Annual Charity Car Draw to be held at the Regal Constellation Hotel, 900 Dixon Road, Etobicoke, on May 16, 1998." -and- "That the City of Kitchener has no objection to a Provincial licence being issued to the St. Mary's General Hospital Foundation, 911 Queen's Blvd., Kitchener, Ontario, N2M 1B2, for a raffle lottery to be held at St. Mary's General Hospital, 911 Queen's Blvd., Kitchener, Ontario, on June 15, 1998." -and- "That Alana Burgler be granted a Massagist licence for the year 1998; and further, That Carolina Garrido be granted a Massagist licence for the year 1998; and further, That Kelly Casey be granted a Massagist licence for the year 1998; and further, DECEMBER 15, 1997 COUNCIL MINUTES - 700- CITY OF KITCI:IENER COUNCIL MINUTES DECEMBER 15, 1997 - 700- CITY OF KITCI:IENER DECEMBER 15, 1997 REPORTS ADOPTED BY COUNCIL COUNCIL MINUTES - 700 - CITY OF KITCHENER COMMITTEE OF THE WHOLE REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) Licences (Cont'd) That Sandy Gagnon be granted a Massagist licence for the year 1998; and further, That Shirley Lafrance be granted a Massagist licence for the year 1998; and further, That Ms. Janof Franca be granted a Massagist licence for the year 1997; and further, That Eva Janzen be granted a Massagist licence for the year 1998; and further, That Tanya Cherryholme be granted a Massagist licence for the year 1998." Licensinq Aqreement - FAIRVIEW WARD It was resolved: "That the City enter into, and the Mayor and Clerk be authorized to execute, a licensing agreement with Leo R. Seibel Limited in a form satisfactory to the City Solicitor to permit encroachment onto City land located on the former CN right-of-way at Manitou Drive." Kitchener Utilities Conditional Sales Contracts - Deleqation of Siqninq Authority It was resolved: "That Paragraph 1 of Council Policy Resolution 1-338 be amended by adding after the words 'the City's Manager of Customer Relations and Marketing, Utilities Division' the words 'or, in the absence of same, the City's General Manager of Public Works or the City's Supervisor of Customer Services, Utilities Division"'. Coal Tar Risk Assessment and Enqineerinq Studies It was resolved: "That the City's outside legal counsel, Scott & Aylen, be authorized to amend the City's without prejudice agreement with Canadian National Railway Company and Hogg Fuel & Supply Limited to authorize an increase in the cost of coal tar risk assessment and engineering studies being conducted by Decommissioning Consulting Services Limited and XCG Consultants Ltd. including related legal fees, at an additional upset limit of $60,000, to be shared equally by the CNR, Hogg Fuel and the City." Collective Aqreement - I.A.T.S.E. Local #357 (Kitchener Memorial Auditorium Complex) It was resolved: "That Council approve the terms and conditions in the Memorandum of Settlement dated October 7, 1997, in connection with the 1997-2000 Collective Agreement with the International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists and Allied Crafts of the United States and Canada; and further, DECEMBER 15, 1997 COUNCIL MINUTES -701- CITY OF KITCHENER COUNCIL MINUTES DECEMBER 15, 1997 - 701- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL That the Mayor and Clerk be authorized to execute any documentation arising therefrom." COUNCIL MINUTES DECEMBER 15, 1997 - 701 - CITY OF KITCHENER COMMITTEE OF THE WHOLE REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 7. To declare various parcels of City property surplus to the City's needs - CENTRE WARD It was resolved: "That the vacant parcels of land legally described as: 1. Part of Lot 5, Registered Plan 383, and Part of Lot marked "PTS. of 2 and 7" according to D. Weber's Survey, Registered Plan 401 west of Queen Street and south of Weber Street designated as Parts 1 and 2, Plan 58R-10020, municipally known as 42 King Street West, Kitchener aka the Chan property; 2. Part of Lot 2 "marked Germain" and Part of Lot 4 "marked Hoffman", according to Registered Plan 383; Lot 170 Streets and Lanes; and Part of Lot marked "Pts. of 2 and 7", D. Weber's Survey, according to Registered Plan 401 (west of Queen Street and south of Weber Street) being Parts 1 and 2, Plan 58R-6358, municipally known as 30-38 King Street West, Kitchener aka the King Sauder property; and that property improved with a vacant building legally described as: 3. Part Lot 1 and Part Lot 2, marked "Germain" and Part Lot marked "Part of Lot No. 2", Registered Plan 383 and Part Lot marked "Parts of 2 & 7", Registered Plan 401, D. Weber's Survey, north of King Street, west of Queen Street, being Part 1 on Plan 58R- 2923, municipally known as 20 King Street West, Kitchener aka the Goudie's property. be declared surplus to the City's needs." 8. Uncollectible Utility Receivables It was resolved: "That the list of Uncollectible Receivables including interest as set out in the memorandum from Rosemary Upfold, Director of Accounting and Don Blane, Senior Accountant, dated December 4, 1997, amounting to $58,542.10 be written off against the Allowance for Doubtful Sundry Receivables and the Allowance for Doubtful Utility Receivables." 9. Uncollectible Tax Accounts It was resolved: "That the Uncollectible Tax Accounts amounting to $71,593.91 as set out in the report from Olav den Ouden, Director of Revenue, and Pauline Houston, Chief Financial Officer DECEMBER 15, 1997 COUNCIL MINUTES - 70~- CITY OF KITCHENER COUNCIL MINUTES DECEMBER 15, 1997 - 70~- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL and City Treasurer dated December 10, 1997, be written off against the Allowance for Doubtful Taxes Receivable." 10. Appointment - Deputy Fire Co-ordinator It was resolved: "That in accordance with Regional Bylaw 30-92, we consent to the appointment of James Hancock, Fire Chief, as Deputy Fire Co-ordinator effective December 1, 1997 to November 30, 2000." COUNCIL MINUTES DECEMBER 15, 1997 - 702 - CITY OF KITCHENER COMMITTEE OF THE WHOLE REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 11. Canada/Ontario Infrastructure Works Program It was resolved: "That the Mayor and Clerk be authorized to execute a Provincial-Municipal Infrastructure Amending Agreement dated November 21, 1997 between Her Majesty The Queen, in right of the Province of Ontario as represented by the Minister of Municipal Affairs and Housing and The Corporation of the City of Kitchener." 12. Financial Management System It was resolved: "That the City of Kitchener waive its normal procedure for the purchase of computer software and selection of consultants and retain KPMG Peat Marwick LLP to upgrade to their lan based Financial Management System from their mainframe Financial Accounting Management Information System currently licenced to the City, and That the Mayor and Clerk be authorized to execute a Software and Implementation Assistance Contract with KPMG Peat Marwick LLP for the provision, installation and implementation of their Financial Management System." 13. Settlement of Claim - Jester's Court Restaurant - ROCKWAY-VICTORIA WARD It was resolved: "That we authorize the payment of $2,448.69 to Sheila Marie Biers, the sole proprietor of Jester's Court Restaurant in Victoria Park, as full and final settlement of her claims against the City including business interruption and cleaning costs arising out of 1995 washroom renovations and 1996 Schneider Trunk Sewer work, subject to receipt of a signed Release satisfactory to the City Solicitor." 14. Process re Cleanup of Construction Site - Country Hill Drive - FAIRVIEW WARD DECEMBER 15, 1997 COUNCIL MINUTES - 703- CITY OF KITCI:IENER COUNCIL MINUTES DECEMBER 15, 1997 - 703- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL Councillor J. Ziegler had previously requested discussion of this item, but he indicated that subject to speaking further with staff, his concerns have been addressed. 15. Variance to City of Kitchener Municipal Code (Chapter 680-Siqn) - FAIRVIEW WARD It was resolved: "That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council, of November 18, 1997, recommending approval of Submission No. S 10/97 - Avila Investments Ltd. - Be Ratified and Confirmed." 16. Natural Gas Direct Purchase - Consultant Services It was resolved: "That ECNG Inc. be retained as Direct Purchase Consultants to provide expert advice and services related to the restructuring of natural gas supply, transportation, storage and retail strategy for Kitchener's Gas Enterprise and that the Mayor and Clerk be authorized to execute the agreement." 17. Tenders Dealt with under Delegations. COUNCIL MINUTES DECEMBER 15, 1997 - 703 - CITY OF KITCHENER COMMITTEE OF THE WHOLE REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 18. 1998 Massaqist Licences Council was in receipt of five items of correspondence from J. Koppeser, Manager of Licensing, dated December 15, 1997 recommending the granting of massagist licences for various body rub parlours. It was resolved: "That the following individuals be granted a massagist licence for the year 1998: Tracey Sampson, Nicole Gallichan, Brandi Tobin, Dina Phady, Dawn Miller, Tammy Hoffman, Colleen Tomlinson, Jean Kip, Tracey Taibinger, Anita Taylor, Kerri Kozicki, Margaret Harman, Fana Cepovski, Dana Gardiner, Anna Jasinski, Heather Burton, Rhonda Halley, Erin Groothuis, Monika Hnatkova, Alisha Blackmore, Elena Couto and Margaret Deptulski." 19. Mortqaqe Consent - 640 Riverbend Drive Council was in receipt of a memorandum from J. Shivas, City Solicitor, dated December 15, 1997 recommending that the City consent to the mortgage. It was resolved: "That the City consent to a mortgage from 1021294 Ontario Limited to Willi Ristau Construction Limited for the property described as Parts 1, 2 and 3 on Plan 58R-10893 DECEMBER 15, 1997 COUNCIL MINUTES - 704 - CITY OF KITCHENER COUNCIL MINUTES DECEMBER 15, 1997 - 704- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL and municipally known as 640 Riverbend Drive, Kitchener." 20. Addendum to Current Lease - Ministerial Associates Inc. Mr. R.W. Pritchard, General Manager of Corporate Services & City Clerk, introduced a recommendation arising from the in-camera meeting of City Council held earlier this date. It was resolved: "That the Mayor and Clerk be authorized to sign an addendum to the current lease with Ministerial Associates Inc. dated December 17, 1996 to provide for the additional lease of approximately 1,100 square feet of space in the northwest corner of the ground level of City Hall (the area formerly occupied by the Information Services Division) at $5 per square foot per year and subject to all terms and conditions of the existing lease, with the construction of walls enclosing such space to be at the City's expense." Councillor B. Vrbanovic asked to be recorded as opposed to the above resolution on the basis that though he feels it is appropriate to lease additional space to Ministerial Associates, this should not be done in isolation of the overall marketing of the former Information Services Division office space. 21. K-W Symphony Representative on the Centre In The Square Board of Directors Council was in receipt of correspondence from Dr. Gary Waller, Chair, Kitchener-Waterloo Symphony Board of Directors, recommending David Paleczny as the Symphony's representative on the Centre In The Square Board. It was resolved: "That Mr. David Paleczny serve as the Kitchener-Waterloo Symphony's representative on the Board of Directors of the Centre In The Square and fill the vacancy of Dr. Derek Wyse, whose term expires November 30, 1999."